CN H.B. 2749 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES H.B. 2749 BY McCLENDON 4-4-97 Committee Report (Amended) BACKGROUND The Texas Juvenile Probation Commission (TJPC) has received several complaints of alleged child abuse in juvenile pre-adjudication and post-adjudication secure detention and correctional facilities. The Texas Department of Protective and Regulatory Services (TDPRS) does not have the authority to investigate alleged child abuse or neglect in facilities that are not licensed by TDPRS. Secure juvenile detention and correctional facilities are not licensed by TDPRS and, therefore, the investigation of alleged abuse in these facilities is falling between the cracks. Currently, TJPC does not license, register, or certify these facilities. This bill would require TJPC to operate a statewide registry of these facilities. It also would require TJPC to adopt minimum standards for the operation of these facilities, and would grant TJPC with the authority to inspect these facilities and monitor compliance with TJPC standards. PURPOSE The purpose of this bill is to require TJPC to operate a statewide registry for all juvenile preadjudication and post-adjudication secure detention and correctional facilities, except facilities operated or certified by the Texas Youth Commission (TYC). RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION-BY-SECTION ANALYSIS SECTION 1. Sections 141.042(a), (c), and (d), Human Resources Code, are amended to require TJPC to operate a statewide registry for all juvenile pre-adjudication and post-adjudication secure detention and correctional facilities, except facilities operated or certified by the TYC. These sections also require TJPC to adopt minimum standards for the operation of these facilities, and grant TPJC with the authority to inspect these facilities and monitor compliance with TJPC standards, or certify that facilities are certified by the American Correctional Association if the boards elect to comply with those standards. SECTION 2. Effective Date. SECTION 3. Emergency Clause. CJ H.B. 2749 75(R) EXPLANATION OF AMENDMENTS The amendment clarifies in HRC Sec. 141.042(d) that the commission will inspect all juvenile facilities under its jurisdiction [(d)1] and adds new language to (d)2, that the commission will monitor compliance on an annual basis, or will annually assure that the facility is certified by the American Correctional Association if the juvenile board elects to comply with those standards.